HomeMy WebLinkAbout2007-OR-56 ABOLISHED SEE 2012-0R-25Ordinance: 2007 OR ~ lSl
ls' Amended Campaien Finance Code
Statemont of Policy:
WHEREAS, it is essential in a democratic system that the public has confidence in the integrip~.
independence, and impartiality of those who are elected to act nn their behalf in government.
There is a public perception that a relationship exists between substantial contributions and
access to elected officials. To diminish the perceived or actual connection between contributions
and influence, the City adopts dtis Campaign Fhtance Code to promote public confidence and, it
is hoped, a greater degree of citizen participation in the electoral process.
WHEREAS, it is essential to the proper operation of representative government that public
officials and employees be independent and impartial; that public office and employment not be
used for personal gain, and that the public have fid] confidence in the integrity and fair and
honest admhtistration of government; and
WHEREAS, public officials and employees serve their government in a fiduciary capacity, and
must act at all times to avoid conflicts of interest, impropriety, or even the appearance of
impropriety; and
WHEREAS, a Municipal Campaign Finance Code will assist officials and employees of
Jeffersonville to confornt their conduct to the highest acceptable standards and to properly
discharge their fiduciary duties; and
WHEREAS, comptiurce with a Municipal Campaign Finance Code will improve standards of
public service and strengthen the confidence of the people of Clark City in their govenunent.
ARTICLE I
DEFINITIONS
Whenever used in this (hdinance, the following terms shall have the following mea~tings:
(a) ' :Agency' means the City Board, any committee or other subdivision thereof, arty City
department or other admhtistrative unit, cormnission, board or other division of the
government of Jeffersonville, Indiana.
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(b) `Board" or `Board of Ethics" means the Jeffersonville City Board of Ethics, as defined in
Article N of this Ordinance.
(c) "Campaign for elective office" means any activip~ in furtherance of an effort to influence
the selection, nomination, election, or appoinnnent of any individual to any local public
office, but does not include activities (i) relating to the support or opposition of any
executive, legislative, or admirusnative action, (ii) relating to collective bargaining, or
(iii) that are otherwise in ftirtherance of the perso^'s official duties.
(d) "Candidate" means airy person who has filed nominating papers or petitions for
nomination or election to an elected office, or who bas been appointed to fill a vacancy in
nomination, and who remains eligible fox placement on the ballot at either a general
primary election or general election or who has raised or expended money in pursuit of
elected oftce. A "Candidate" shall be bald to the same standards and roles that
apply to an "OfGciaF" as set forth in this ordinance.
(e) °C~ollective Bargaining" has the same meaning as that term is defined by hrdiana Statute.
(f) "Compensated time" means any time worked by or credited to an employee ilrat counts
toward any minimum work time requirement imposed as a condition of employment but
does not include ury designated holidays or any period when the employee is on a leave
of absence.
(g) "Compensatory time off' means authorized time off earned by or awarded to an
employee to compensate in whole or in part for tune worked in excess of the minimum
work time required of that employee as a condition of employment.
(h) "Contribution" Itas the same meaning as that tennis defined by Indiatra Code 3-5-2-15.
(i) "City" means the City of Jeffersmrville, Indiana and all government agencies of the City
of Jeffersmrville.lndiana
(j) "Compensation' means money, thing of value or other peeuniaxy benefit received or to
be received in rehu~n for. or as reimbursement for, services rendered or to be rendered.
(k) "Connacf management authority" means personal involvement iu or direct supervisory
responsibility for the formation m~ execution of a City contract, including without
limitation the preparation of specifications, evaluation of bids or proposals, negotiation of
contract terms m' supervision of performance.
(1) "Ecomm~ic interest" means any interest valued or capable of valuation in monetary
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terms; provided that "economic interest" is subject to the same exclusion as °financial
interest".
(m) "Employee" means an individttal employed by the City whether part-time or full-time or
by a contract of employment.
(n) "Financial interest" means (i) airy interest as a result of which the owner cun'ently
received or is entitled to receive in the future more than $1,000 per year; (ii) any interest
with a cost or present value of $1,000 or more; or (iii) any interest representing more than
1 % of a corporation, partlrership, sole proprietorship, fine, enterprise, Pranclvse,
organization, holding company,joint stock company, receivership, utirst, or arty legal
entity organized for proSt; provided, however, financial interest shall not include (1) atry
ownership through purchase at fair mad<et value or inheritance of less than 1 % of the
shares of a corporation, or any value of or dividends of such shares, if such shares are
registered on a securities exchange pursuant to the Securities Exchange Act of 1974, as
amended; (2) the authorized cornpensatiat paid to an official or employee for his off ee
or employment (3) any ecmromic benefit provided equally to all residents of the City;
(4) a time or demand deposit in a financial instihrtion; (5) an endowrneut or insurance
policy or amurity contract purchased from afi insurance company; (6) any acemed
pension rights m the City fund oc (7) with respect to a mutual fund, the individual
securities of other instniments owned by the mutual fiord.
(o) "Gift" means any Fatuity, discount, entertainment hospitality. loan, forbearance, or
other tangible or intangible item having monetary value including, but not limited to,
cash, food and drink, end honoraria for speaking engagements related to or ath'ibutable to
govenunent employment or the off cial position of an official or employee.
(p) "Leave of absence" means any period during which an employee does not receive (i)
compensation for employme~rt, (ii) service credit towards pension benefits, and (ii)
health insurance benefits paid for by the employer.
(q) "Legislative action" means the introduction, sponsorship, consideration, debate,
amendment, passage, defeat approval, veto or other official action or non action on any
ordinance. resolution, motion, order. appoinhueirt, application or other matter pending or
proposed by the City Council or Mayor.
(r) "Ofl~iciaP' means a member of the City Council. Mayor, City Clerk-Treasurer or City
,fudge or appointed of£cial regardless of whether the official is compensated or any
appointed non-employee member of any agency of the City of Jeffe~sonvil le. An
"Official" shall be ]veld to the same standards and rules that apply to a "candidate"
throughout this ordinance.
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(s) "Person" rneaus any individual, entity, corporation, partnership, firm, association, wtioq
nvst, estaxe, as well as any parent or subsidiuy of any of the foregoing and whether or
not operated for profit.
(t) "Political aetiviry" means ury activity in support of or in comrectimr with any campaigu
for elective office or any political organization, but does not inchide activities (i) relating
to the suppmT or opposition of any executive, legislative or admh>istrative action, (ii)
relating to collective bargaining, or (iii) that are otherwise in furtherance of the person's
official duties.
(u) "Political organization" means a parry, committee, association, fiord, or other
organization (whether or not incorpm~ated) that is required to file a statement of
organization with the State Board of Elections or a City clerk.
(v) "Political fundraising committee' means any fund, organization, political action
conmmittee m' other entity that, for proposes of hrfluencing in airy way dre outcome ofury
electimr, receives or expends money or anything of value or transfers money or anything
of valve to any other fund, political party, candidate, organization, political action
committee, or other entity.
(w) "Peohibited political activity" mea<~s:
(7) Preparing for, organizing, or participating in any political meeting, political rally,
political demonstration, or other political event.
(2) Soliciting conhibutimis, including but not limited to the pm~chase of, selling,
distributing, or receiving payment for tickets for any political fimdraiser, political
meeting or other politict event
(3) Soliciting, planning the solicitation of, or preparing any document or report regarding
any thing of value intended as a campaigu contribution.
(4) Planning conducting, a~parlieipating in a public opinion poll in connection with a
campaigu for elective office or on behalf of a political organization for political purposes
or for or against any referendum question.
(5) Surveying or gathering information from potential or actual voters in an election to
determine probable vote outcome iu connection with a campaigu for elective office or on
behalf of a political organization for politiad purposes or for m' against any referendtun
question.
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(6) Assisting at the polls on election day on behalf of any political organization or
candidate fm' elective office or for or against any refe~endrun question.
(7) SoLicithrg votes on behalf of a catdidate for elective office or a political organization
or for or against any referendum questions or helping in ur effort to get voters to the
pohs.
(8) lnitiating for circulation, In~eparing, circulating reviewing, or filing any petition on
behalf of a candidate for elective office or for or against any referendum question.
(9) Making conurbations on behalf of any candidate for elective ofhee in that capacity or
in com~ectlon with a campaign fm~ elective office.
Q 0) Preparing or reviewing responses to candidate questionnaires iu comrection with a
campaign for elective office or on behalf of a political organization for political purposes.
(11) Distributing, preparing for distribution, or mailing campaign literature, campaign
signs, or other campaign material on behalf of any candidate for elective office or fm~ or
agaursf any referendum question.
Q 2) Campaigning fm' any elective office or for or against any referendum question.
(13) Managing or worludg ou a campaign for elective office or for or against any"
referendum question.
(14) Serving as a delegate, alternate, m' proxy to a political parry convention.
(1 ~) Participating in any recount or challenge to die outcome of any election.
(x) "Prohibited som~ce' means any person or entity who:
(1) is seeking official action (i) by the official or (ii) in the case of a» employee, by the
employee or by the official, City agency or other employee directlog the employee;
(2) does business or seeks to do business (i) with the official or (ii) in the case of an
employee, with the employee or with the official, City agency or otlrer employee
directing the employee:
(3) conducts activities i~gulated (i) by the official m' (ii) in the case of an employee, by
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the official, City agency or other employee directing the employee;
(4) has interests that may be substantially affected by the performance or ^on-
performance of the official duties of the official or employee; or
(y) "Single Candidacy" means the time period during which a candidate is seeking office
with primary election acrd general election being separate candidacies.
(z) "State" means dre State of Indiana.
(aa) "Sfatemenf' means the disclosure of economic interest form regrured to be filed by the
Jeffersonville Ordinance 94-OR-17 "An Ordinance Regulating Ethics and Conflicts of
Interest for City Officials and Employees"
(bb) "Super majority" means two-thirds of the members of a board or entity referred to
therein.
ARTICLE II
CODE OF CONDUCT
2.1 Fiduciary Duh~
Officials and employees shall at all times in the performance of their public dutie"s owe a
fiduciary duty to the City of Jeffersonville, lndiana.
2.2 Imorooer Influence
No official or employee shall make, participate in making or in any way attempt to use his
position to influence any City govenvnental decision or action in which be knows, he has reason
to larow or should know chat he has any economic interest distinguishable 13~om thaC of the
general public of the City oY Jeffersonville.
2.3 Dual Em r~loyment
(a) No official or employee shall accept other employment which will impair his or her
independence ofjudgment in the exercise ofhis or her official duties.
(b) No official or employee shall accept other employment which will impair his or her ability to
perform his or her City duties and responsibilities.
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2.4 Receiving and Soliciting (>if[s mul Favors
(a) Except as otherwise provided in this Ordinance, no official or employee shall
intetrtionaLly solicit or accept any gift from any prohibited source or in violation of any
federal or State stahrte, mle, or regulation, or any Ciry ordinance, rule or regulation. This
ban applies to and inch¢les spouses and immecliate fatuity members or employees. No
prohibited somrz shall iutentionally offer or make a gift that violates this Section.
In the instance of gratuitous tickets to sporting events (ie. Kentucky Derby,
Keutucky° Oaks, Lrdianapolis 500, NCAA 'Pournaments games, IU/UL or any college
sporting event, Indianapolis Colts, Indianapolis Pacers or any and all other events,
the "fair market value" shall be utilized in determining whether or not these gifrs
exceed the threshold of $25. Moreover, if a person offers to sell said tickets for less
thau fair market value the difference between the sale price and the fair market
value shall be determined to constitute a gift under this ordinance.
(b) The restriction in Section 2.4(a) does ^ot apply to the following:
Q) Any (i) contribution that is lawfi~lly made under the Election Code m' under this
Ordinance or (ii) activities associated with a fimdraising event in support of a
political organization or candidate.
(2) Educational materials and missions. This exception may he further defined by
rules adopted by the Board of Ethics. '
(3) A gift from a rolative, meaning those people related to the individual as father,
mother. son, daughter, brother, sister, uncle, armt, great aunt, great uncle, first
cousin, nephew, niece, husband, wife, o'andfather, grandmother. grandson,
grauddaughtex, father-in-lew, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, stepfather, stepmother, stepson. stepdaughter,
stepbrother, stepsister, half brother half sister, and including the father, mother,
grandfather, or grandmother of the individuaPs spouse and the individnaPs fiancd
or £ancee.
(4) Anything provided by an individual on the basis of a personal friendship unless
the official or employee has reason to believe that, under the circumstances, the
gifr was provided because oY the official position or employment of the official or
employee and not because of the personal friendship.
hr determining whether a gifr is provided on the basis of personal friendship. the
official or employee shall consider the cireumstances tinder which the gifr was
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offered, such as:
(i) the history of the relationship between the individual kpving the gift and
the recipient of the gift, including any previous exchange of gifts between
those individuals;
(ii) whether to the actual knowledge of the official or employee the individual
who gave the gift personally paid for the gift or sought a tax deduction or
business reimbursement for the gift; and
(iii) whethee to the actual knowledge of the off cial or employee the individual
who gave the gift also at the same time gave the same or similar gifs to
othe~~ officials or employees or their spouses or immediate family
members living with Them.
(5) Food or refreshments not exceeding $50 per person in value on a single calendar
day; provided that the food or refreslnnents are (i) cousmned mi the premises
fimn which they were purchased or prepared or (ii) catered. For proposes of this
subsection, "catered" means food or refreslnnents that are purchased ready to eat
and delivered by any means.
(6) Food, refreslnnents, lodging, transportation, and other benefits resTdting from the
outside bushress or employment activities (or outside activities that are not
emnrected to the duties of the official or employee as an office holder or
e,nployeel of the offrcial or employee, or the spouse of the official or employee,
if the benefits have not been offered or enhanced because of the official position
or employment of the official or employee, and are customarily provided to others
iu similar circumstances.
(7) Infra-gover~mneutal and inter-govermnentaL gifts. Foe the purpose of this
Ordinance, "inna-governmental gift" means any gift given to an official or
employee of a Ciry agency from another official or employee of the same City
agency: and "inter-eovernmental gift' means any gift given to an off cial or
employee of a City agency or department by an official or employee of another
City agency or department, of a State of Indiana agency. of a federal agency, or of
any goverrunental entity.
(8) Bequests, inheritances. and other transfers at dearth.
(9) Any item w~ items from any one prohibited source during airy calendar year
having a cumulative total value of less than $50.
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Each of dre exceptions listed iu this subsection (b) is mutually eaelusive and independent
of one another.
(e) An official m~ employee does not violate this Ordinance if the o$Icial or employee
promptly takes reasonable action to return the prohibited gifr to its source or gives the
gifr or an amount equal to its vahte to an appropriate charity that is exempt from income
taxation ender Section 501(c)(3) of Che Internal Revenge Code of 1986. as now or
hereafrer amended, renumbered, or succeeded.
(d) Gifrs which have a value of greater than $50 (or a series of gifts with an aggregate vahie
of greater than x50 from one prohibited somroe during any twelve month period) received
by any official or employee from a prohibited source shall be disclosed to the Board of
Ethics by the recipient wittvn ten (10) business days of receipt. The disclosuee shall
include the name and government title of the recipient; the name, address, occupation and
employer of the dmror; a description of the gift end its value; and the intended use oe
disposition of the gift.
(e) Airy and all gifrs having a value greater dratr $50 and received by atr official or employee
for participating in speaking engagements, lectures, debates or organized discussion
forums arisingout ofhis m' her City employment shall be disclosed to the Board of
Ethics within ten Q 0) business days of receipt.
2:5 Cip~ Owned Property
(a) No official or employee shall engage in or permit the unauthorized use of City-owned or
City-leased property. City-owned and City-leased property shall only be used for official
City business.
2.6 Use m~ Disclosure of Confidential Lnformation
(a) No official, candidate, or employee shall use or disclose, other than (i) in the
performance of his or her Official duties; (ii) as may be required by law; or (iii) as
permitted in Section 3, li of this Ordinance. confidential infonnafion gained in the course
of or by reason of his position or employment. For purposes of this Section, "confidential
information" means any infomration that may trot be obtained pursuant to the Indiana
Freedom of lnfonnalion Act, as amended.
2.7 Conflicts of Interest
(a) No official or employee shall make, or participate in making, any Cite governmental
decision wilt respect to any matter in which the official or employee, or the spouse or
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dependent of the official or employee, has any economic interest distinguishable frmn
that of the general public.
(b) Any employee who has a conflict of interest as described by subsection (a) above shall
advise his or her supervisor of the conflict oe potential conflict. The immediate
supervisor shall either:
(i) assign the matter to another employee, or
(ii) require the employee to eliminate the economic interest givhrg rise to the conflictand
only thereafter shall the employee continue to participate in dte maC[er.
(c) Any offcial who has a conflict of interest as described by subsection (a) above shall
disclose the conflict of interest and shall not take any action w' make any decisions
regarding that particular matter.
2.8 Representation of Other Persons
(a) No elected official or employee may represent, or have an economic interest in the
representation of any person other than the Ciry in a formal or informal proceeding or
h~ansactim7 before any City agency.
(b) No elected official or employee may have an economic interest in the representation of
any person in any judicial or quasi-judicia[ ln~oceeding before any administrative agency
or court in which fhe City is a party end that person's interest is directly adverse to that of
the Citv.
(c) No appointed o'ieial may represent any person in the ciectunstauees described hr
subsection (a) or (b) unless the matter is wholly um~elated to the appointed officials City
duties and responsibilities.
(d) For purposes of this Section, "economic interesP' shall not include the interest of the
spouse of an official or employee which interest is related to the independent occupation.
profession or employment of the spouse.
2.9 Post Cmplovment Restrictions
(aj No former official or employee shall assist or represent ~ry person other than the City in
an}'judicial or adminisn'u[ive proceeding involving the City if the official or employee
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was counsel of record m' participated personally and substantially i^ the proceeding
during his or her term of office or employment.
(b) No former official or employee shall assist or represent any person in any business
transaction hrvolving the City, if the official or employee participated personally and
substantially in that transaction dining his or her term of office or employment.
(c) No former official or employee may, for a period of one year after the termination afhis
or her term of office or employment, knowingly accept employment or receive
conrpelrsation or fees foe services from an employer if the employee or official, during
the year immediately preceding termination of City employment and on behalf of the
City, participated personally and substantially in the decision to award City contracts
with a cumulative value of over $10,000 to the person or entity, or its parent or
subsidiary.
(d) The re9uiremetrts of this Section may be waived by the Board of Ethics if the Board of
Ethics finds in writing that the City's negotiations and decisions regarding the
procurement of the contract m~ conA~acts were not materially affected by any potential for
employment of that official or employee by the employer.
(e) This Section applies only to persons who terminate an affected position on or after the
effective date of this Ordinance.
210Inferest in City Business
(a) No elected official or employee shall have a financial interest in his or her own name or
in the name of any other person in any contract, work or business of the Ciry or in the
sale of any article, whenever the expense, price or consideration of the contract, work,
business or sale is paid with funds belonging to or administered by the City.
Compensation for property taken pursuant to the City's eminent domain power shall not
constihrte a financial interest within the meaning of this Section. Unless sold pursuant m
a process of competitive bidding following public notice, iro elected official or employee
shall have a financial interest in the purchlse of any property that (i) belonus to the Ciry,
ox (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit
of the Ciry.
(b) No appointed official shall e~tgage in e h~arsaction described in subsection (a) unless the
matter is wholly um'elared to the appointed official's Ciry duties and responsibilities.
(c) For pwposes of this Section, "financial interest" shall not include the interest of the
spouse of an official or employee which interest is related to the independent occupation,
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profession or employment of the spouse.
2.11 Emnlovment of Relatives
(a) No official or employee shall participate in a hiring decision, in any agency over which
such official. or employee either serves or exeecises immediate supervision with respect
to any person who is a relative of the official or employee,
(b) No official or employee, on behalf of any City agency, shall participate in a decision
whether to contract with any person with whom or in which ffie Official or Employee
knows that a relative of that official or employee has a financial interest.
(c) For purposes of this Section, relative shall nteau a person who is related to ur official or
employee as spouse or any of the following, whether by blood, marriage or adoption:
parent, child, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild, father-
in-law, mother-in-law, son-in-law. danghterin-law, brother-in-law. sister-in-law.
stepfather, stepmother, stepson, stepdaugluer, stepbrother, stepsister, half-brother or hal£-
sister.
2.12 Political Aetivily°
(a) No official, candidate, oc employee shall compel, coerce or intimidate any City official
or employee to make m~ refrain from making any political contribution. No official shall
directly solicit any political conh~ibution from his or lrer employees or the spouses of or
immediate family living with his or her employees. Nothing in this subsection (a) shall be
construed to prevent any official or employee fioru voluntarily making a conhibution or
from receiving a voluntary contribution.
(b) No employee with conh~act management authority shall serve on the political fmrdraising
comntittee of ury elected official or candidate for Ciry office.
(c) City employees shall not intentionally perto~m any prohibited political activity during
any compensated time (other than vacation, personal, m~ compensatory time off). City
employees shall not intentionally misappropriate any City property or resources by
engaging in airy prohibited political activity for dre benefit of any cvnpaign for elective
office or arty political organization.
(d) At no time shall any official or employee intentionally misappropriate the services of any
City employee by xequhing that employee to perform any prohibited political activity (i)
as part of that employee's City duties. (ii) as a condition of Cit}° employment, or (iii)
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during any time off that is compensated by the City (such as vacation, personal, or
compensatory time off).
(e) A City employee shall not be regrured at any tune to participate in any prohibited
political activity in consideration for that employee being awarded auy additional
compensation or employee benefit, in the form of a salary adjustment, bomts,
compensatory time off, continued employment, or otherwise.
(f) A City employee shall not be awarded any additional compensation or employee benefit,
in Hre Poem of a salary adjustment, bonus, compensatory time off, continued employment,
or othet~wise, in considm~ation for the employee's participation in any prohibited political
activity.
(g) Nothing in this Section prohibits activities that are otherwise appropriate for a City
employee w engage in as a part of his or her official City employment duties or activities
that are rwdertaken by an employee on a vohmtary basis as permitted by law.
2.13 Whistleblower Prrotecfion
No complainant, or employee acting on behalf of a complainant, shall be discharged, threatened
or otherwise discrininated against regarding compensation, terms, conditions, location or
privileges of employment because:
(a) the complainant or employee acting on behalf of the complainant reports or is about to
report, verbally or in v,~iting, a violation or suspected violation of this Ordinance; m'
(b) the complainant or employee acting on behalf of the complainant is requested to
participate in an investigation, hearing or urgrury held pursuant to this Ordinance, or in
any related court action.
'l his Section shall not apply to a eomhlaiuaut, or employee acting on behalf o~f a complaiuuit,
who knowingly makes a fa]se report.
211 Limitations of Contributions to Candidates and 1Jlected Officials
(a) No person who has done business with the City willriu the preceding four years or is
seeking to do business with the City shall make contributions in an aggregate amount
exceeding $100 Vii) to any candidate for City office or elected City official dm-ing a single
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candidacy; or (ii) to au elected official of the goverrm~ent of the City during any non-
eleetion year of his or her term. The combined effect o'f these provisions is intended to
permit total eonn~ibution up to but not exceeding 5200 in a year iu which a candidacy
occurs. A year for purposes of this Section is from .ianuary 1st to December 37 st of each
year.
(b) bor purposes of subsection (a) above, an entity and its subsidiaries, parent company or
otherwise affiliated companies, and any of their employees, officers, directors and
partners who make a political conri~ibution £or which they are reimbursed by the entiTy or
its affiliates shall be considered a single person. However, nothing in this provision shall
be construed to prohibit such an employee, officer, dlrecTOr or parVrer £rom malting a
political contribution for which he is not reimbursed by a person with whmn he or she is
affiliated, even if that person has made the maximum conn~ibution allowed under
subsection (a).
(c) Auy contributions made under this Section shall be reported as required by hrdiana Code
3-5-2- Et. Seq.
(d) For purposes of subsection (a) above, "done business" or "doing business" meurs any
one or any combination of sales, purchases, leases or contracts to. from or with the City
or airy City agency in excess of $10,000 i^ any twelve consecutive months.
(e) For purposes of subsection (a) above, "seetdng to do business" means taking action
within Che past six months to obtain a contract or business with the~City when_ if such
action weee successful, it would result in the person doing business with the City as
defined in subsection (d) above.
2.15 Prohibition for Acceotine Donations From Lndividuals, Entities or Corporation
That Have Pending Litigation With Against fhe Citv.
(a) No person who has pending litigation against the City and/m~ who has been involved as a
Co-Plaintiff, Defendant or Co-Defeudmt with the City wiflwt the preceding fotu~ years
or who has threatened litigation against the Cih' during the preceding four years shall
make contributions in an aggregate amount exceeding $100 (i) to anp candidate for City
offce or elected City official during a single candidacy; or (ii) to an elected ofr5cial of
the govermnent of the City during any non-election yeah of his or her term. The
combined effect of these provisions is intended to permit total contribution up to but not
exceeding $300 ur a year in which a candidacy occurs. A year for pwposes of this
Section is from January 1st to December 31st of each year.
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ARTICLE Ill
FINANCIAL DISCLOSURE
Officers mid employees shall file verified written statements of economic interests as required by
94-OR-17 Section [II of the existing °Ordinance Regulating Ethics and Conflicts of Interest for
CiTy Officials and Employees° as adopted on May 16, 1994.
ARTICLE IV
BOARD OF ETHICS
4.1 Composition and Powers of Board
A Board of Ethics is hereby established which:
(a) Shall be composed of five (5) members appointed by the member of the Jeffersonville
City Council The Jeffersonville City Council shall hire an attorney for the pwpose of
representhrg the Jeffersonville City Council and the Board of Ethics. The attorney shall
be an attorney licensed in the State of Indiana. The Jeffersonvt![e City Council shalt
accept Are rerommeudaNon of Are Bom•d of Ethics when choosdng nn nttm•ney ja• the
perrpose of represeratirag tke Board of Ethics.
(b) Each member of the Board shall (i) reside within the corporate boundaries of the City;
(ii) not be an employee of the CiTy or any agency thereof; (iii) not hold elected public or
political party office within the City; (ivj have no financial interest in auy work or
business of or official action by the City: (v) not take an active part in mana~ring the
political campaign of a cardidate fm' City office; (vi) not be convicted of any felony; (vii)
not be related, either by blood or by marriage up to the degree of lust cousin, to any
elected official of the City; (viii) no member of the board shall be a candidate for
elected office either in the City, County or State of Indiana.
(c) Tire members of the Board shall be appointed for a term of fow~ years and hold office
until their successors have been appointed. The initial appointment of the rnerRbers shall
be as follows: one member for four years; two members fm'three years; and two
members for two years.
(d) Any member of the Board ma~~ be removed by a "super majority" vote of the
Jeffersonville City Council The grounds for removal shall be urconrpetence, substantial
neglect of duty. grass misconduct, malfeasance in office, or violation of auy law. The
removal shall not occur until the member shall have received written ponce, stating the
_ Peke IS of 19 _
grounds for removal.
The Board Members DO NOT serve at the will of the Jeffersonville City Council,
and can only be removed fm' cause as described herein. The attorney shall serve at the
will of the Board Members and can only be removed by a "supermajority" vote of the
Board Members. The attorney CANNOT be removed by the Council subsequent to the
Council's appohthnent.
(c) Board members shall receive no cornpensatiou fm'their services. The attorney shall be
paid an hourly fee to be agreed upon by the Council and the attorney.
(f) The Board shall conduct hearings, if necessary, aitd rule upon matters brought before it
by the Seffersonville City Council, the Mayor, Clerk-Treasurer, any elected official
and/or arty citizen or person. Complaints for violation of the ordinance shall be received
by the Clerk-Treasw~er and immediately .The attomey shall conduct investigations and
shall present the fittdhrgs of such investigations for such action as the Board determines
is appropriate. The attorney shall take immediate action on any complaint that is
filed seven (7) days or less from either the Primary election day or the General
Election day. The attorney and the Board shall make every effort to provide
resolution to any complaint that is filed during this time frame inasmuch as fhe
Board is sensitive to the potential political effects such a "Twelfth Hour" complaint
may have upon a candidate or candidacy. The Board's authority to investigate tut
alleged violation of this Ordinance is limited w violations which occun~d not more than
two (2) years prior to the date upon which a complaint is received or diseovep~ of the fact
that an alleged violation has occurred.
(g) The attorney shall investigate alleged violations of this Ordinance. City agencies,
employees and officials shall coope,~ate with the Board and the attorney. hrfonnation
^ecessaiy to any investigatimt shall be made available to the attorney upon written
request.
(Ir) The Board shall have the authority to issue a subpoena for the appearance of witnesses.
the production of evidence, or both, in the course of investigations and hearings. A
subpoe~ta shall be served in the same manne~~ as subpoenas issued under the rules of the
Indiana Supreme Court and shall be subject to the same witness and mileage fees filed
by law for such subpoenas. The Board shall adopt rules as necessar}~ to implement this
process.
(i) Upon determination by a majority of the Board that there is reason to believe that a
violation of this Ordinance has occurced, the Board may (i) notify the person who Wray
have violated the Ordinance and request corrective action; (ii) reeonnnend to the
President of the City Cormcil or the appropriate elected official that disciplinary or other
Pege t6 of 19
action within the elected official's authority should be taken in relation to the potential
violation; and (iii) recommend to the President of the City Council or the appropriate
elected official such other remedies as shall be appropriate. All reeonnueudatious shall be
in writing and shall be set forth with specificity including a statement of reasmts in
support. An elected official to whom a recommendation has been sent shall, within five
(5) days of receipt of the recommendation, report to the Board in writing the actions
taken on the reeonmtendation and to the extent that any recommended action is declined
or different action is taken, provide a statement of reasmrs for that decision.
(j) The Board may also advise, by means of written advisory opitlions, and may consult with
the City Council, Mayor, Clerk-Treasurer, City agencies, officials and employees wr
matters involving this Ordinance.
(k) The Bou~d may also from time to time recommend to the Mayor or tare City Cotmcil
such legislative action as it deems appropriate to effectuate the policy of this Ordinance.
(I) The Boat~d may adopt appropriate rules, definitiotvs and regulations for dre conduct of
Board activities and duties as set forth in this Ordinance,
(m) The Board shall prepare and publish an annual report summarizing the Board's activities
and present the repoa to the Mayor and the City Council.
(n) The Board shall preserve all pertinent records and reports.
41 Confidentialih~
hrvestigations and consideration by the Board of potential violations of this Ordinance shall be
confidential, except in t7vase matters wherein the LAdiman Open Records Sra/ute mandates lhnf
Ute injarmatiou provided to the board is accessible to Uae public.
ARTICLE V
SANC`f10NS FOR VIOLATION
5.1 Emnlovment Sanctions
Arty employee or official found to have violated any provision of this Ordinance, or to have
Page 17 of 19
laiowingly furnished false or nsleading h~formation in airy investigation, hearing ox inquh'y
held pursuant to this Ordinance, shall be subject to employment sanchmrs, including discharge.
The provisions of this Ordinance shall not limit the power of officials to otherwise discipl'ure
employees.
5.2 Fines
(a) As authorized by Indiana law, the Board may impose a fine of up to $2,500 per violation
against any person found by tie Board to have violated, intentionally obsnvcted or
interfered with an investigation of, or intentionally made a false, frivolous or bad faith
allegation under Section 2.4 or 2.12 of this Ordinance.
(b) Any person found by tre Board to have knowingly violated arty provision of this
Ordinance other than Sections 2.4 and 2.12, or to have lmowingly furnished false or
misleading informetimr to the Board, shall be subject to a fine not to exceed $500, for
any one offense.
5.3 Validity of Contract
Any contract negotiated, entered into. or perfm~med in violahon of any of the provisions of this
Ordinance shall be voidable by the City.
ARTICLE VI
MISCELLANEOUS PROVISIONS
6.] Severability
If any provision of this Ordinance or application thereof to any Person or ciroumstance is held
unlawhil or otherwise invalid, such invalidity does not affect other provisions or applications oT
this Ordinance which can be given effect without the invalid application or provision- and to this
end each such invalid provision or application of this Ordinance is severable. It is hereby
declared to be the intent of dse Board of Commissioners that this O~diuance would have been
issued had any such unlawfid m' otherwise invalid provision or application not been included.
ARTICLE VII
EFFECTIVE DATE
Pa~e_78 of 19
Approved and adopted ois this day of September, 2007.
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,,
This Ordinance shall be in full force and effect upon its timely passage, promulgation and
approval by [he Mayor.
Passed and adopted by the Commog,Council of the City of Jgffersartv3ale, Clark County,
State of Indiana, this ~L day of N I,,..o~e ~`uA., .7,..(a0>. j~
Mayor
L.
ATTEST:
~~fi~2y~( I,LC~!-~LU
Peggy i er
Clerk Treasurer
r
Presented by me as Clerk Treasurer to the Mayor this ~~day of ~~ ~YI~PP// ,
2002
~~.¢Gk..!/ lt~.~.~uJ
Pegg ilder
Clerk Treasurer
This Ord' ante approved and sig:
~B'J~/ , 2007.
of